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Flexible work request - procedure not followed

27 replies

HungryHorace · 06/01/2014 21:53

I submitted my flexible work request to my employer and we had the meeting on Monday 23rd December to discuss my request.

My change of hours (short lunch / leave early) was agreed, but my request to work from home 2 days a week wasn't greeted with enthusiasm (I'd already been told informally it really wasn't likely to happen).

Anyway, at the end of the meeting the HR manager said that they would come back to me within the requisite 28 days with a decision. I'd already researched this and knew it was 14 days, but said nothing at the time.

We're now 14 days later and no response so I have a few questions for those in the know:

  1. Do the bank holidays over Christmas extend the 14 days or would the extension only be available if I'd agreed to it?
  2. Assuming they are going to say no (which I think they are) am I best to keep my powder dry, as it were, until after the appeal / decision in relation to calling them on not following procedure? (I have good arguments, even if they use one of the 8 grounds available to them.)

I've read that I could lodge a grievance now, but if procedure isn't followed I can challenge the decision at the end of the process due to this.

I don't go back from mat leave until March and as I'm pregnant again, I won't actually be back for long before heading off again. The chances of me going back after the second mat leave are exceptionally slim.

I'm already persona non grata for getting pregnant on mat leave, so I'm not really bothered if I piss them off more! What's my best course of action?

OP posts:
flowery · 10/02/2014 14:00

Yes, I know it can be used as a reason to bring a claim in its own right. My point it it's virtually never worth doing so, unless it is in combination with a wider direct or indirect sex discrimination claim.

WholeNewProblem · 10/02/2014 16:23

Just for a different perspective, my own application was refused after having had positive noises for months and hugely delaying the application in order to accommodate my manager's workload.

I decided not to appeal and left with an agreed reference, no need to pay back maternity pay and some training that I had wanted to do. This was the right route for me, though I appreciate it is not for everyone.

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